Transfers are exigency of service; no right to choice posting; courts interfere only on proven mala fides.

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicant sought the following relief:

 “……to call for the records pertaining to Proceedings dated 29.12.2023 issued by the 2nd respondent and set the same aside to the extent of transferring the applicant to DD News, Delhi from DDK, Hyderabad and also set-aside the transfer of the party respondent No 4 to DDK, Bangalore from DDK, Shimla by declaring the impugned proceedings dated 29.12.2023 as bad, illegal, arbitrary, irrational, discriminatory. contrary to transfer policy dated 23.09.2021 and unconstitutional and consequently direct the official respondents to post/transfer the applicant to DDK, Bangalore and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the applicant was appointed as Cameraman Grade-II on 21.11.1986 and worked at DDK-Raipur, DKK- Jagdalpur, DDK- Hyderabad, PPC-Gowhati, DDK-Bangalore and finally DDK, Jaipur. While functioning as Cameraman Grade-II at DDK, Jaipur, the applicant was promoted as Cameraman Grade-I in the year 2017 and worked at same place. Thereafter, the applicant was transferred to DDK, Hyderabad in the year 2018 and has been working as such at DDK, Hyderabad. Thereafter, the 2nd respondent issued transfer policy dated 26.03.2021 (A-I). The applicant was posted to DDK, Hyderabad on 18.05.2018 and therefore, he has completed four (4) years of service at Hyderabad in May, 2022.

3. The learned counsel for the applicant contended that, as per the transfer policy, an employee, who had completed his respective tenure can seek for request transfer by giving three (3) stations. Accordingly, on completion of four (4) years of service at DDK, Hyderabad, applicant submitted his request transfer to DDK, Bangalore, but the same was rejected on 24.03.2022 without any reasons. Thereafter, he submitted one more representation dated 02.02.2023, which was also not acceded to vide proceedings dated 10.04.2023 without any reasons. The applicant further represented on 28.12.2023 requesting for DDK, Bangalore that being his home town and he has only 3 years and 2 months of service to retire and if he is posted to any other station, he cannot request for transfer to his home town, as he would be retiring before completion of four (4) years of tenure. Even without considering the request of the applicant, he was transferred to DD News, Delhi vide impugned transfer order dated 29.12.2023. Feeling aggrieved, the applicant has filed the present OA.

4. After Notice, the respondents have appeared through their counsel and filed reply opposing the relief. It is the case of the respondents that, over a period of time, in the absence of fresh recruitment and retirement of Cameramen, available resources have significantly reduced, Doordarshan Kendras have been requesting for posting more Cameramen due to shortage at their end. Additionally, 11 Kendra's have started 24 Hrs channel service since last year and their content generation has to be increased, for which Cameramen are required at several Kendras. To address the need of the present situation, after considerable deliberations and discussions at the Zonal and National levels, it was decided to rationalize available resources (and not the sanctioned strength) and a report was prepared by a committee of Senior Officers. The Committee deliberated with all Zonal ADG (P)s and then submitted its recommendations which were approved by Director General, Doordarshan. Then the proposal was included in the Agenda of the Management Committee of Prasar Bharati. After t